Format of Written Submission to Complaint under Section 12 of Domestic
Violence Act claiming relief under section 18, 19, 20, 21 and 22 of the Act,
download format. [CD1]
You may use the sample Written submission format given
below for the Domestic Violence case under Section 12 of Domestic Violence Act
2005, claiming relief Protection Orders Under Section 18, Residence Order Under
Section 19, Monetary Relief under section 20, Monitory Relief under Section 20,
Custody order under Section 21, Compensation order under Section 22.
Sample format of Written submission under The Protection of
Women from Domestic Violence Act, 2005 is given below:
IN THE COURT OF _____________, LEARNED METROPOLITAN
MAGISTRATE, MAHILA COURT, __________ COURTS, NEW DELHI
COMPLAINT CASE NO. ____ OF 20__
|
IN
THE MATTER |
OF : |
|
________________________________
|
COMPLAINANT
|
VERSUS
________________________________ RESPONDENT
WRITTEN ARGUMENT ON BEHALF OF THE COMPLAINANT IN
APPLICATION U/S 12 R/W SECTION 17,
18, 19, 20, 22 OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 FOR
GRANT OF RIGHT TO CONTINUE RESIDING IN THE MATRIMONIAL HOUSE WITHOUT
INTERFERENCE AND THREAT, PROTECTION ORDERS, MONETARY RELIEF, COMPENSATION AND
ANY OTHER RELIEF WHICH THIS HON'BLE COURT MAY DEEM FIT AND PROPER.
MOST RESPECTFULLY SHOWETH:
1.
That the above noted complaint is pending
adjudication before this Hon'ble Court and is fixed for hearing on
____________.
2.
That the summons of the complaint has already
been issued to the defendants and the defendants have also put in appearance in
the matter.
3.
That the Defendant has filed his reply to the
complainant and the Complainant has filed rejoinder to it on ______.
4.
That the Complainant has filed affidavit showing
income and expenditure as per the format prescribed by the Hon'ble High Court
of Delhi in Kusum Sharma Vs. Mahinder Kumar Sharma on _______.
5.
That the Defendant has also filed his affidavit
showing income and expenditure on __________, but not filed copy of Latest
Income Tax Return i.e. for Financial Year __________).
6.
The Complainant most respectfully submit the
following written arguments in support of contentions, submissions and facts already
placed and submitted on the records and the oral arguments so adduced.
7.
That the Complainant got married to the
Respondent on ____________ in accordance with Hindu rites and ceremonies at
_____. No issue was born from this wedlock.
8.
That the Respondent is working as Manager with
___________ India Ltd at __________. The Complainant came to live in the
matrimonial home at New Delhi with the Respondent after Marriage.
9.
The father of the Complainant had given Rs.
______ in Tilak to the Respondent. In addition to this, an __ car was given.
The marriage was a lavish affair. Lots of gifts, jewellery etc was given by her
father who is a retired school teacher and had to sell some property, borrow
from others and exhaust all his savings to arrange the marriage of the
complainant.
10.
That the respondent husband, his father and
sister were not happy with the Dowry and other gifts. They have showed their
annoyance soon after marriage.
11.
The Respondent started tormenting her almost
immediately after marriage. He used to poke and provoke her and instigated her
to react to his misdemeanor and later record the same on his mobile phone.
12.
That as per the affidavit the Respondent is
earning Gross income of Rs. _________/- per year. The Respondent not yet
produced his income tax Return for the Financial Year _____ to ascertain his
current income. Even though the Respondent is earning huge salary the
complainant had to starve for money even for her basic needs. Her father used
to help her by sending money even for the daily necessaries.
13.
That the Complainant had no history of illness
of any kind before marriage. The Respondent/husband by his cruel and atrocious
behavior, assisted by his sister tormented her so much that she went into
depression.
14.
That the complainant was the target of
unprovoked physical and mental abuse by the Respondent. The father in law of
the complainant had also created very embarrassing and inexplicable situations
at times.
15.
That the respondent constantly made indecent and
vulgar comments about the sister of the complainant, who still leaves with her
as she has not come out of depression completely and the doctor advised that
she should not be left alone.
16.
That the Respondent has denied conjugal
relations to the Complainant. He says that the complainant does not meet his
level of liking. The respondent picks up quarrels on the flimsiest of excuses.
17.
That on _______, the respondent / husband picked
up a quarrel and started slapping the complainant. He pulled her by hair and
kicked her in the abdomen. She somehow called PCR and a DD entry was registered
at ___________ Police Station.
18.
That in ________, the respondent and his sister
came together in the night and thrashed the complainant in black and blue
alleging falsely that she blamed him of incest.
19.
That the respondent, in order to avoid his own
liability has filed a petition u/s 13(1)(ia) of Hindu Marriage Act against the
complainant wherein he made all kinds of baseless allegations against her.
20.
That the above said petition was withdrawn when
the parties entered into a settlement agreement dated _______ in HMA Suit No.
____ titled "___________", which was to be executed on _______, but
it was never executed. In fact the Complainants lawyers had prepared a mutual
consent divorce petition as per the agreement and handed over to the Respondent
for his signatures. The Respondent kept the petition for few months in his
custody and returned back it to the complainant without his signature.
21.
That the Complainant has already submitted
before this Hon'ble Court in her rejoinder that even now she is ready to settle
the issue as per the settle agreement dated _____________, under the supervision
of this Hon'ble Court, if the Respondent is ready to execute the terms of the
agreement.
22.
That the Respondent has not disclosed full
information about his educational qualification in the affidavit filed by him
showing income and expenditure as per the format prescribed by the Hon'ble High
Court of Delhi in Kusum Sharma Vs. Mahinder Kumar Sharma.
23.
That the Respondent has shown huge amount of
expenses i.e. Rs. ________/- per month against his net income of Rs. ________/-
to avoid his liability to pay maintenance, medical expenses, compensation and
other claims to the Complainant.
24.
That the Respondent is giving only Rs. _____/-
to Rs. _____/- per week to the Complainant for household expenses from which
the expenses of Respondent also is being managed. The other expenses being born
by the Respondent is rent of Rs. ______/- per month.
25.
That the Respondent has claimed huge amount of
monthly expenses in his affidavit, but he is not spending any amount except
mentioned about for the maintenance or expenses of the Complainant.
26.
That the Affidavit filed by the Respondent shows
his lavish life style. The Complainant also deserves to live her life according
to the life standard of the Respondent. So the amount of maintenance and other
claim made in the petition is justifiable.
27.
That the Complainant is totally dependent on her
parents for her daily needs of life and she has none to support, except the
complainant/wife.
28.
That the cause of action for filing the present
petition arose immediately after marriage and continued thereafter because
there was not even a single day without an act of emotional or physical
violence. It arose on _______ when a DD entry was registered at PS _______
pursuant to a PCR call made by the complainant. Again on _______, when the respondent
and his sister came together, beat her up and in sheer anger the respondent
husband broke a few things give vent to his anger. The cause of action still
persists because the cruelties have not ceased and continue unabated.
29.
That the complaint is residing at Delhi within
the territorial limits of the Court, hence the Ld. Court has the Jurisdiction
to try and adjudicate this petition.
30.
That many Judgments of the Hon'ble Supreme Court
of India support the prayer of the Complainant.
31.
That in V.D. Bhanot v. Savita Bhanot (2012) 3
SCC 183 the Hon'ble Apex Court upheld the maintenance allowed to the Respondent
and directed to provide a sum of Rs. 10,000/- per month towards rental charges
for acquiring accommodation of her choice. The Hon'ble Supreme Court held that:
"11. Accordingly, in terms of Section 19 of the PWD
Act, 2005, we direct the Petitioner to provide a suitable portion of his
residence to the Respondent for her residence, together with all necessary
amenities to make such residential premises properly habitable for the
Respondent, within 29th February, 2012. The said portion of the premises will
be properly furnished according to the choice of the Respondent to enable her
to live in dignity in the shared household. Consequently, the sum of Rs.10,000/-
directed to be paid to the Respondent for obtaining alternative accommodation
in the event the Petitioner was reluctant to live in the same house with the
Respondent, shall stand reduced from Rs.10,000/- to Rs.4,000/-, which will be
paid to the Respondent in addition to the sum of Rs.6,000/- directed to be paid
to her towards her maintenance. In other words, in addition to providing the
residential accommodation to the Respondent, the Petitioner shall also pay a
total sum of Rs.10,000/- per month to the Respondent towards her maintenance
and day-to-day expenses."
Copy of the Judgment of Supreme Court of India in V.D.
Bhanot v. Savita Bhanot is annexed as Annexure WA-1
32.
That in Saraswathy v. Babu (2014) 3 SCC 712 the
Hon'ble Apex Court directed to pay compensation and damages to the extent of
Rs.5,00,000/- in favour of the appellant-wife. The Hon'ble Supreme Court held
that:
"15. We are of the view that the act of the
respondent-husband squarely comes within the ambit of Section 3 of the PWD Act,
2005, which defines "domestic violence" in wide term. The High Court
made an apparent error in holding that the conduct of the parties prior to the
coming into force PWD Act, 2005 cannot be taken into consideration while
passing an order. This is a case where the respondent-husband has not complied
with the order and direction passed by the Trial Court and the Appellate Court.
He also misleads the Court by giving wrong statement before the High Court in the
contempt petition filed by the appellant-wife. The appellant-wife having being
harassed since 2000 is entitled for protection orders and residence orders
under Section 18 and 19 of the PWD, Act, 2005 along with the maintenance as
allowed by the Trial Court under Section 20 (d) of the PWD, Act, 2005. Apart
from these reliefs, she is also entitled for compensation and damages for the
injuries, including mental torture and emotional distress, caused by the acts
of domestic violence committed by the respondent-husband. Therefore, in
addition to the reliefs granted by the courts below, we are of the view that
the appellant-wife should be compensated by the respondent-husband. Hence, the
respondent is hereby directed to pay compensation and damages to the extent of
Rs.5,00,000/- in favour of the appellant-wife.
16. The order passed by the High Court is set aside with a
direction to the respondent-husband to comply with the orders and directions
passed by the courts below with regard to residence and maintenance within
three months. The respondent-husband is further directed to pay a sum of
Rs.5,00,000/- in favour of the appellant-wife within six months from the date
of this order. The appeal is allowed with aforesaid observations and
directions. However, there shall be no separate order as to costs."
Copy of the Judgment of Supreme Court of India in
Saraswathy v. Babu is annexed as Annexure WA-2
33.
That in Smt. Rashmi Kumar vs Mahesh Kumar Bhada
(1997) 2 SCC 397 the Hon'ble Apex Court held that the properties gifted to the
wife before the marriage, at the time of marriage or at the time of giving
farewell or thereafter are her stridhana properties. The Hon'ble Supreme Court
held that:
"It is thus clear that the properties gifted to her
before the marriage, at the time of marriage or at the time of giving farewell
or thereafter are her stridhana properties. It is her absolute property with
all rights to dispose at her own pleasure. He has no control over her stridhana
property. Husband may use it during the time of his distress but nonetheless he
has a moral obligation to restore the same or its value to his wife. Therefore,
stridhana property does not become a joint property of the wife and the husband
and the husband has no title or independent dominion over the property as owner
thereof."
Copy of the Judgment of Supreme Court of India in Smt.
Rashmi Kumar vs
Mahesh
Kumar Bhada is annexed as
Annexure WA-3
34.
That the Complainant requests the Hon'ble Court
to permit and allow the Complainant to submit the present Written Arguments on
record of matter in the interest of justice.
The Complainant prays that she may kindly be provided the
following relief under the said Act.
1 Relief a) Under the said
Act, the complainant may be given protection, residence, the possession of her
stridhan, jewelry and clothes etc.
b) To
stop further acts of domestic violence on her by the respondent.
c) To
allow her to live in the flat and to restrain the respondent from disposing her
or threatening her directly and through his friends with physical harm.
2. Protection Orders
The Complainant may kindly be granted protection and
prohibit the respondents from:
a. Committing
any act of domestic violence.
b. Aiding
and abetting in the commission of acts of violence.
c. Attempting
to communicate in any form, whatever, with the complainant, oral or written or
electronic or telephonic contact, just to torture or torment her.
d. Alienating
any assets, including her stridhan, jewellery or any other property.
e. Causing
violence to relatives or any person who give the complainant assistance from
the domestic violence.
f. Committing
any other act as specified in the protection order.
3. Residence
Orders
The complainant humbly prays for pass a residence order:
a) Restraining the respondent or any of his relatives from
entering any portion of the household in which the complainant resides.
4. Monitory Relief
The complainant humbly prays for passing an order as under:
a. The
medical expenses wherever necessary for the complainant.
b. The
maintenance of complainant considering the fact that the respondent has no
other liability except the complainant, she should be given a maintenance
allowance of Rs. _____ /- per month, considering the fact that the respondent
earns gross salary of Rs. ______ /- per month.
5. Compensation Orders
The complainant prays in addition to other relief as may be
granted under this Act, to pay Rs. ______ /- and damages for injuries including
mental torture, depression and emotional distress caused by the Acts of
Deomstic Violence committed by the Respondent and the litigation expenses.
PRAYER
In the light of the submissions made above the complainant
most humbly prays for the following reliefs:
(a) Right
to reside in the shared household U/s 17 of the said Act.
(b) Protection
orders U/s 18 of the Act.
(c) Residence
order U/s 19 of the Act in the flat.
(d) Monetary
reliefs U/s 20 of the Act.
(e) Compensation
order U/s 22 of the Act.
Any other relief which this Hon'ble Court may deem fit in
the eyes of law and in the interest of justice.
COMPLAINANT
THROUGH
ADVOCATE FOR THE COMPLAINANT
1 Comments
beautifully written, a great help to the needy.
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